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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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"Tax exempt" means that interest on the Bonds is excludable from gross income for federal <br /> income tax purposes, whether or not such interest is includable as an item of tax preference or otherwise <br /> includable directly or indirectly for purposes of calculating any other tax liability, including any <br /> alternative minimum tax or environmental tax. <br /> Section 3. Provision of Annual Reports. <br /> (a) The Owner shall, or shall cause the Dissemination Agent to, not later than May 1 of each <br /> year, commencing May 1, 2021, provide to the Repository an Annual Report that is consistent with the <br /> requirements of Section 4 of this Disclosure Agreement. If the Dissemination Agent is to provide such <br /> Annual Report to the Repository, not later than five Business Days prior to said date, the Owner shall <br /> provide the Annual Report to the Dissemination Agent. The Owner shall provide a written certification <br /> with the Annual Report furnished to the Dissemination Agent to the effect that such Annual Report <br /> constitutes the Annual Report required to be furnished by the Owner hereunder. The Dissemination <br /> Agent may conclusively rely upon such certification of the Owner. In each case, the Annual Report shall <br /> be submitted through the EMMA system and to the Trustee in an electronic format and contain such <br /> identifying information as is prescribed by the MSRB, and may be submitted as a single document or as <br /> separate documents comprising a package, and may cross-reference other information as provided in <br /> Section 4; provided that the audited financial statements of the Owner may be submitted separately from <br /> the balance of the Annual Report if they are not available by that date. The Dissemination Agent's <br /> obligation to deliver the information at the times and with the contents described above shall be limited to <br /> the extent the Owner has provided such information to the Dissemination Agent as required hereby. <br /> (b) If by five Business Days prior to the date specified in subsection (a) for providing the <br /> Annual Report to the Repository, the Dissemination Agent has not received a copy of the Annual Report, <br /> the Dissemination Agent shall contact the Owner to inquire if the Owner is in compliance with subsection <br /> (a). <br /> (c) If the Owner does not provide a written certification to the Dissemination Agent to the <br /> effect that an Annual Report has been provided to the Repository by the date required in subsection (a), <br /> the Dissemination Agent shall,in a timely manner, send a notice to the Repository in an electronic format <br /> in substantially the form attached as Exhibit A. <br /> (d) The Dissemination Agent shall, to the extent the Owner has provided the Annual Report <br /> to the Dissemination Agent, file a report with the Owner certifying that the information represented to the <br /> Dissemination Agent by the Owner as the Annual Report has been provided pursuant to this Disclosure <br /> Agreement and stating the date it was provided to the Repository. <br /> (e) The Owner shall either make Annual Reports required by this Section 3 to the MSRB <br /> through its EMMA system (provided the Disclosure Representative shall have set up an account on the <br /> EMMA system) or shall make such Annual Reports available to the Dissemination Agent in an electronic <br /> format that meets the requirements prescribed by the MSRB. <br /> Section 4. Content of Annual Reports. The Owner's Annual Report shall be substantially in <br /> the form attached hereto as Exhibit B and include the following information and, if available, shall <br /> contain or incorporate by reference audited financial statements for the year ended December 31: <br /> 1. the category of information being provided; <br /> 2. the period covered by any annual financial information/financial statements or operating <br /> data; <br /> C-2 <br />
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